Weekly Legal Updates (22nd-31st Oct 2019)

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Updated : Nov 1, 2019, 14:38

By : Surajit Bhaduri

Dear Students,

In this post, we have covered the Legal updates of the fourth week of October (22nd-31st). "Weekly Legal Updates" series aims to provide important legal events and developments. These updates will help aspirants appearing for Law Entrance Exams.

1. Jammu & Kashmir and Ladakh officially become two Union Territories

On 31st October Jammu and Kashmir transitioned from a state into two union territories (UTs).

This is for the first time that a state is being converted into two UTs. The total number of states in the country is now 28, while the total UTs has gone up to nine.

The move is in accordance with the government’s August 5 announcement withdrawing the state’s special status under Article 370 and bifurcating the state into union territories.

With this move, the Constitution of Jammu and Kashmir and the Ranbir Penal Code has ceased to exist.

The two new Union Territories have come into existence on the 144th birth anniversary of Sardar Vallabhbhai Patel, who is credited for the merger of over 560 princely states into the Union of India. Today, October 31, is also celebrated as National Unity Day.

First Lieutenant Governor of the Union Territory of Jammu and Kashmir - Girish Chandra Murmu takes over as the first Lieutenant Governor of the Union Territory of Jammu and Kashmir.

First Lieutenant Governor of the Union Territory of Ladakh - Radha Krishna Mathur takes over as the first Lieutenant Governor of the Union Territory of Ladakh.

Both Lieutenant Governor GC Murmu and RK Mathur were sworn-in by Chief Justice of the Jammu and Kashmir High Court Gita Mittal.

The Supreme Court has accepted the proposal of the Central government for the construction of a shrine dedicated to Guru Ravidas in South Delhi after it was demolished under orders of the Supreme Court.

The temple was demolished by the Delhi Development Authority (DDA) on August 10 following the court's direction as it was built on encroached forest land.

3. SC grants bail to Chidambaram in INX Media case

A Bench of Justices R Banumathi, AS Bopanna, and Hrishikesh Roy of the Supreme Court has grantedbail to former Union Minister P Chidambaram in the INX Media case registered by the Central Bureau of Investigation (CBI).

The INX Media case pertains to the alleged irregularities in the Foreign Investment Promotion Board clearance to INX Media at the time when P Chidambaram was the Finance Minister.

It is the case of the CBI and the Enforcement Directorate (ED) that P Chidambaram and his son Karti Chidambaram received illegal gratification from INX Media owners Peter and Indrani Mukherjea for the clearance.

3. Muslim body moves SC challenging law on triple talaq

All India Muslim Personal Law Board have moved the Supreme Court challenging the Muslim Women (Protection of Rights on Marriage) Act, 2019 which criminalises triple talaq.

In August 2017, in Shayara Bano Vs. Union of India and Ors, a Constitution Bench of the Supreme Court had declared the practice of Talaq-e-Biddat being ultra vires the Constitution of India.

4. Delhi High Court grants bail to Congress leader DK Shivakumar

Delhi High Court grants bail to Congress leader DK Shivakumar in connection with the money laundering case under the Prevention of Money Laundering Act (PMLA). The Court has directed DK Shivakumar to cooperate with the investigation, not influence the witness and not leave the country with the Court's permission.

Supreme Court of the United Kingdom in Gilham vs. Ministry of Justice has held that the whistle-blower's protection should be extended to the holders of judicial office.

The court held that Judges appointed by Her Majesty on the recommendation of the Lord Chancellor under the Constitutional Reform Act 2005, are entitled to the safeguards granted to whistle-blowers in the public interest.

Justice Ruth Bader Ginsburg of the S. Supreme Court has been awarded the Berggruen Prize for philosophy and culture, which is given annually to a “thinker whose ideas are shaping human self-understanding to advance humankind”.

7. J&K High Court decriminalised Beggary in the State

The Jammu and Kashmir High Court in a significant judgment has declared that criminalization of beggary to be unconstitutional and struck down the provisions of the Jammu & Kashmir Prevention of Beggary Act, 1960.

8. Justice SA Bobde appointed next CJI

The President of India, Ramnath Kovind, has issued warrant appointing Justice SA Bobde as the next Chief Justice of India. Justice SA Bobde will be the 47th Chief Justice of India.

9. UN Panel Expresses Concern over Kashmir Situation

The United Nations High Commissioner for Human Rights issued a statement expressing concerns at the continuation of restrictions in Kashmir. Hundreds of political and civil society leaders, including three former Chief Ministers of Jammu and Kashmir, have been detained under preventive detention.

The statement issued by the United Nations High Commissioner for Human Rights is also critical about the manner in which the Supreme Court of India is dealing with the matter.

The statement reads “The Supreme Court of India has been slow to deal with petitions concerning habeas corpus, freedom of movement and media restrictions.”

10.Former judge of Supreme Court Justice N Venkatachalapasses away

Former judge of the Supreme Court Justice N Venkatachala passes away at 89 years. Justice Venkatachala has also served as Lokayukta for State of Karnataka.

11.Chief Justice of High Courts - Appointment

Justice Amreshwar Pratap Sahi has been appointed as the Chief Justice of the Madras High Court.

Justice AK Mittal has been appointed the Chief Justice of the Madhya Pradesh High Court.

Justice Sanjay Karol has been appointed the Chief Justice of the Patna High Court.